1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Namyang Construction Co., Ltd. (hereinafter referred to as the “Rehabilitation Construction Co., Ltd.”) was awarded a construction contract with the Korea National Housing Corporation (hereinafter referred to as the “Defendant”) for the construction work on September 23, 2009, which was newly constructed in Mancheon-gu, Gangwon-do (hereinafter referred to as “the apartment of this case”) from the Korea National Housing Corporation (hereinafter referred to as the “Korea Land Corporation”) and became the Defendant before and after the merger, and completed the construction work on September 23, 2009.

B. However, due to the occurrence of defects such as rupture and water leakage in each Dong and underground parking lot of the instant apartment, the Defendant demanded the rehabilitation company to repair defects from September 2014, and the Defendant completed the repair of part of the defect repair requested by the Defendant on or around December 2014 and April 2015.

C. The Defendant urged the rehabilitation company to dispose of wastes, etc. left alone in the warehouse of the instant underground parking lot, along with the performance of the repair of defects that have not been completed. On July 2015, the rehabilitation company failed to perform this, the Defendant directly disposed of wastes stored in the underground parking lot and filed a claim for the payment of KRW 13,370,000 for the above disposal costs with the rehabilitation company on September 15, 2015 (hereinafter “instant indemnity claim”).

On the other hand, on April 30, 2010, the rehabilitation company was decided by the Gwangju District Court 2010 Mahap9 and the plaintiff was appointed as the administrator of the rehabilitation company. On December 27, 2010, the rehabilitation company was decided to grant authorization.

[Basic Facts] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion existed from the completion of the instant apartment, and thus, the instant claim for reimbursement constitutes a rehabilitation claim that occurred before the commencement of rehabilitation procedures and thus, the Defendant was exempted from its liability by failing to report the rehabilitation claim within the reporting period.

However, since the defendant seeks reimbursement to the plaintiff, it is sought to confirm the existence of the obligation.

(b).